A month and a half ago, we moved into a new construction home in a small subdivision. Our 1.5 acre lot is next to the original farm that the land was subdivided from. The survey was completed and permanent markers were placed.
We are having problems with the teen children of the owner of the farm riding their golf cart on our property and also removing the temporary surveyor stake. Two nights ago, I witnessed them running it over with the golf cart, whereupon I told them to put it back. Later that night, the owner (the mother) came over to our property and began inspecting the boundary line and markers. I introduced myself, and she told me that the builder just "made up" the property line and it's not in the right place. She says there was an old fence that the builder removed, and that the fence indicated the property line. Where she says it should be is about 20 feet in from the surveyed line. She says was going to take him to court but didn't pursue it and does not seem to want to get her property surveyed due to the costs. If she is correct, our sump pit is on their property and our well is probably right on the line.
This is creating an issue for us because we are going to put up a fence in the disputed area, mainly to keep their kids from coming onto our property and also to shield the "unsightly" view of their barn and the junk on their property. We would like to place it directly on the property line. There would be no way to maintain the other side because the fence would be running a straight line between a berm and a heavily wooded treeline.
By the way, she told us she doesn't care what we do (which I believe she does, based on the actions of her kids) but that she is putting the house up for sale eventually and the new owners will have a problem with it (I also don't believe these people will be going anywhere anytime soon).
Since a survey was just done, can we assume that it has been marked correctly and she is wrong? Is the onus on her to prove that the boundary line is wrong by getting her own survey done? Is it up to us to verify the boundary before we put up the fence, or can we just tell the fence builder to use the surveyor monuments? Finally, does she (and any future owner) lose any rights to the disputed property because she didn't act when she thought the builder was doing wrong?